Watchdog: Key Stakeholder Recommendations Ignored in Draft Human Rights Laws

Transparency International Bangladesh (TIB) has voiced deep concern regarding the cabinet's preliminary approval of the draft National Human Rights Commission Act, 2026, and the draft Enforced Disappearance Prevention and Redress Act, 2026. The anti-graft watchdog stated that crucial recommendations from stakeholders were disregarded in the drafting process.

TIB further questioned whether the government and the ruling party had absorbed any lessons from the enforced disappearances, killings, and other "brutal and multifaceted" human rights violations that occurred during the previous authoritarian regime. While acknowledging that the two draft acts contain some positive provisions, TIB highlighted that certain clauses remain, which stakeholders had warned could impede the independent and effective functioning of the National Human Rights Commission (NHRC).

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It is a major concern that the commission depends on reports from the government or force chiefs in cases of human rights violations by disciplined forces.

Similarly, the draft Enforced Disappearance Prevention and Redress Act retains provisions that TIB believes could shield perpetrators within agencies implicated in the majority of enforced disappearance cases during the authoritarian era. Executive Director of TIB, Iftekharuzzaman, noted that a significant concern is the commission's reliance on reports from the government or force chiefs when investigating human rights violations by disciplined forces. He pointed out that Section 18 of the 2009 National Human Rights Commission Act, which had previously shown shortcomings in ensuring accountability or preventing rights violations, has been replicated in the new draft.

TIB also criticized the proposed selection committee for appointing the NHRC's chairperson and commissioners. This committee includes the Speaker, law minister, home minister, a ruling party MP, and the Cabinet secretary. According to TIB, the government would maintain control over nominating at least two of the three committee members, creating a substantial risk of undue influence over appointments. The draft lacks mandatory provisions for appointing women commissioners or ensuring women's representation on the selection committee, as well as representation for minorities and other disadvantaged groups, despite civil society's demands for pluralistic representation aligned with international standards.

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The government would retain control over nominating at least two of the three committee members, posing a serious risk of dominance over appointments.